Study on the Criminal Characterization and Rule of Law Governance of"Wealth-Seeking"Petition Cases
With the increase in citizens'awareness of rights protection,excessive rights protection in the field of petitioning has gradually occurred,which has led to a large number of cases of"money demand type"petitioning in practice.In this paper,hooliganism is not a necessary element for establish-ing the crime of provocation and harassment;whether the petitioner's behavior of demanding property from the petitioning authorities by taking the way of petitioning at different levels and repeating the pe-tition constitutes the crime of provocation and harassment or the crime of extortion and blackmail,the judicial organs should prudently judge whether it constitutes the crime of provocation and harassment or the crime of extortion and blackmail,and the first is to clarify the boundaries between"demanding property"and exercising the right to petition and petitioning.Second,a comprehensive judgment is to be made according to the specific circumstances to determine whether the degree of disruption of the or-der of the work of letters and visits.In the face of non-visit behavior,local petition authorities should comprehensively improve statistics,notification and evaluation,and promote the rule of law in the su-pervision and prosecution of responsibility for petition work.The second is to establish and improve the use of special funds for letters and visits to promote the rule of law in handling letters and visits.
rule of law for letters and visitsstability maintenanceprovocationextortion and blackmail
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